Relación jurídica maternal en el alquiler de vientres por fecundación in vitro

Abstract

The rent of bellies is a practice that is neither prohibited nor allowed in our country, however, people who intend to go to it for the formation of the family, must comply with the formalities of law, including having their I charge the rights and also the obligations that imply the conception and birth of the child. However, if the maternal - filial relationship is derived from birth, which is accredited by the certificate of the doctor who assists the mother in childbirth, there is a legal contradiction between people who had the initiative to form a family that have a bond of consanguinity with the boy or girl, and among the woman who simply subrogated her belly to gestate the child, who would not have genetic correspondence with the newborn. The foregoing is a dichotomy that is presented in Colombian law because, in the aforementioned case, there would be genetic compatibility between the woman who did not participate in labor and the child who has just been born in the womb of another woman, but , legally the relationship of the child will be determined by the sole fact of birth and exclusively in relation to the woman who performed the labor, without in principle the genetic maternity of the woman who provided the ovule where the ovule was contained could be admitted genetic information necessary for the development of that boy or girl in the womb of another woman